Kincaid 2026

Nurse Assault Prevention and Accountability Act of 2027

Protecting the People Who Take Care of Us

Overview

Every day across America, nurses, certified nursing assistants (CNAs), and frontline healthcare workers walk into hospitals, clinics, and longterm care facilities not knowing if they’ll be respected or if they’ll be threatened, spat on, shoved, or worse. They’re not asking for praise. They’re asking for protection. According to recent data nearly three out of four workplace violence incidents in the private sector happen in healthcare. Seventy-five percent. Nurses are punched. CNAs are attacked. ER staff are threatened not just during pandemics, but during regular shifts, in everyday America. And yet in many states if someone assaults a nurse, if they throw a punch, slap, or spit on them. There may be no serious consequences at all. In too many places it’s treated like a minor misdemeanor. If it’s even prosecuted at all. That must change.

Purpose of the Bill

The Nurse Assault Prevention and Accountability Act of 2027 makes it a federal crime to assault a nurse or certified nursing assistant while they are performing their duties. Its purpose is to protect nurses and certified nursing assistants from assault . To ensure federal accountability and reporting on violence in healthcare settings.

SECTION 1. SHORT TITLE.

This Act may be cited as the “Nurse Assault Prevention and Accountability Act of 2027.”

SECTION 2. FINDINGS AND PURPOSE.

(a) Findings. Congress finds that

Nurses and certified nursing assistants, experience the highest rate of workplace violence in the private sector.
According to federal labor statistics, nearly three quarters of all workplace violence incidents in the private sector occur in healthcare settings.
In many States, assaulting a nurse or certified nursing assistant is treated only as a misdemeanor offense, resulting in inconsistent protection across jurisdictions and
Uniform national standards are needed to deter violence, protect healthcare professionals, and restore safety and respect in healthcare workplaces.

(b) Purpose. The purpose of this Act is to establish a federal offense for assaulting or battering a nurse or certified nursing assistant while performing their professional duties, and to require federal and facility level reporting of violent incidents for purposes of accountability and prevention.

SECTION 3. DEFINITIONS.

In this Act

The term “covered individual” means a registered nurse, licensed practical nurse, licensed vocational nurse, certified nursing assistant, or nurse practitioner lawfully engaged in the clinical practice of healthcare.
The term “covered facility” means any hospital, clinic, emergency department, urgent care center, long term care facility, or federally funded facility such as a Department of Veterans Affairs hospital or an Indian Health Service clinic.
The term “on duty” means actively performing clinical or patient care responsibilities, including during assigned shifts or while responding to emergencies.

SECTION 4. FEDERAL OFFENSE OF ASSAULT ON A NURSE OR CERTIFIED NURSING ASSISTANT.

(a) General Offense. Whoever knowingly assaults, batters, or otherwise inflicts bodily injury upon a covered individual who is on duty at a covered facility shall be guilty of a Class E felony, punishable by

imprisonment for not more than 5 years; and
a fine of not more than $10,000.

(b) Aggravated Offense. If the assault described in subsection (a)

results in bodily harm,
involves the use of a weapon, or
occurs in a high risk setting such as an emergency department or behavioral health unit,
the offender shall be guilty of a Class D felony, punishable by imprisonment for not more than 10 years and a fine of not more than $250,000.

(c) Jurisdiction and Enforcement. Violations of this section shall be prosecuted by United States Attorneys under title 18, United States Code, subject to applicable sentencing guidelines and fine provisions.

(d) Relation to State Law. Nothing in this Act shall be construed to preempt or limit any State law that provides greater penalties or broader protections for healthcare workers.

SECTION 5. REPORTING AND ACCOUNTABILITY.

(a) Facility Level Mandatory Reporting.

Each covered facility shall report every violent incident involving a covered individual to the Department of Justice or the Department of Health and Human Services not later than 30 days after the date of such incident.
Each report shall include
(A) the date and location of the incident;
(B) the occupation and role of the victim;
(C) a description of the offense, including whether a weapon was used or bodily injury occurred and
(D) the outcome of any internal or law enforcement investigation if known.
Reports submitted under this subsection shall be transmitted to the Attorney General for inclusion in the national report described in subsection (b).

(b) Annual National Report.

The Attorney General shall publish not later than March 1 of each year, an Annual Report on Violence Against Healthcare Workers containing
(A) the total number of indictments, prosecutions, and convictions under this Act during the preceding year;
(B) the geographic distribution and nature of offenses;
(C) sentences imposed; and
(D) available demographic information of victims and offenders.
The report shall be made publicly available on the website of the Department of Justice.

(c) Public Transparency. Data collected under subsections (a) and (b) shall be used solely for public safety and research purposes and shall exclude personally identifiable patient information.

SECTION 6. RULE OF CONSTRUCTION.

Nothing in this Act shall be construed to limit the authority of the Secretary of Health and Human Services or the Occupational Safety and Health Administration to enforce workplace violence prevention standards in healthcare facilities.

SECTION 7. EFFECTIVE DATE.

This Act shall take effect 180 days after the date of enactment.

SECTION 8. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out this Act, including resources for data collection, reporting, and enforcement by the Department of Justice and the Department of Health and Human Services.

How this compares to what the state of Washington and other states currently have.

• “At least 30 states already treat assaulting nurses as a felony, but gaps remain. This bill sets a national floor so nurses are protected everywhere, not just in certain ZIP codes.”

• “Adds a clear aggravated tier up to 10 years for assaults causing harm, involving a weapon, or in high risk units like ER or behavioral health.”

• “Requires annual DOJ reports so Congress and the public can see the problem and fix it.”

• “States like WA, CT, NM, NY already use felony penalties this bill matches or strengthens those protections and extends them nationwide.”

•“Recent moves ( California AB 977 for ER staff) show momentum but we need a comprehensive national standard.”

• States: Rarely mandate a centralized public report, most rely on facility reporting or OSHA style workplace violence plans. (several states focus on prevention plan requirements rather than centralized criminal justice reporting.)

On transparency. How does Nurse Assault Prevention and Accountability Act of 2027 . Compare with Healthcare Workers Act ( H.R. 3178 / S. 1600 ) My bill is significantly stronger and more detailed .

Here’s why :

1. Facility Level Reporting (Unique to my Bill)

• My bill:

• Requires every covered facility (hospital, clinic, long term care, etc.) to report each violent incident involving a nurse or CNA to the Department of Justice or HHS within 30 days.

• Specifies the minimum data fields (date, location, occupation, nature of offense, outcome).

• Ensures that these facility reports feed directly into the Attorney General’s national report.

• H.R. 3178 / S. 1600:

• Does not include a facility level reporting requirement.

• Relies on existing law enforcement data and any voluntary or grant related reporting from hospitals.

Result: My bill provides a continuous data pipeline from local facilities → DOJ → Congress → public.

2. Annual Public Report by DOJ

• My bill:

• Mandates an annual national report by the U.S. Attorney General.

• Requires publication on the DOJ’s public website and lists specific metrics (indictments, prosecutions, locations, sentences, demographics).

• H.R. 3178 / S. 1600:

• Contains no explicit requirement for an annual public report.

• Any reporting would likely occur internally within DOJ or as part of grant program oversight, not mandated for public release.

Result: Only my bill guarantees nationwide transparency accessible to Congress, healthcare workers, and the public.

3. Data Completeness and Accountability

• My bill:

• Covers all facilities and all violent incidents, not just hospital based or federally funded sites.

• Creates a standardized federal database to track progress, detect hotspots, and measure enforcement consistency.

• H.R. 3178 / S. 1600:

• Depends on prosecution data alone, meaning most uncharged or underreported incidents would not appear in federal records.

Result: My structure captures both reported and prosecuted incidents,the other bill captures only prosecuted cases.

Conclusion

In transparency terms:

• My bill → Proactive, mandatory, publicly accessible reporting system (facilities → DOJ → Congress → public).

• H.R. 3178 / S. 1600 → Traditional enforcement model (crimes prosecuted but no required national transparency mechanism).

Therefore, on transparency and data visibility, the Nurse Assault Prevention and Accountability Act provides the broader, more structured, and more public reporting framework.

Statement from Kincaid

“Nurses are the heartbeat of our healthcare system. Every shift, they risk their safety to care for us. This bill makes one simple promise that their government will finally care for them in return.”

“We protect bus drivers. We protect flight attendants. We protect federal employees. It’s time we do the same for nurses.”

Real change , real accountability will only happen when there is full transparency. The shootings make national headlines. But the public is unaware of the violence that nurses face almost daily. Only when that information is collected and made public. Only then will real change happen.

Take Action

Support the Nurse Assault Prevention and Accountability Act of 2027.

Support Kincaid in 2026.

It’s time to stand by the people who take care of us.

To all the nurses. Kincaid will stand by you.